Story Published:
Nov 17, 2009 at 7:37 PM MST
Story Updated:
Nov 17, 2009 at 7:37 PM MST
BILLINGS - An apparent disconnect between state and local government could be a leading factor in the ongoing struggle to fill the Hardin Detention Center, along with a misleading feasibility study.
The $27-million dollar Two Rivers Detention Center in Hardin was completed in September 2007 to the surprise of many state officials. Two Rivers Authority's website says in June 2004, then-Governor Judy Martz held the first meeting in regard to the Hardin jail at a Las Vegas airport with several people including the jail's architect James Parkey with Corplan Corrections. However, Martz said she barely remembers the meeting and that it was a non-specific business pitch that she was not interested in.
"My administration had not one thing to do with this prison," said Martz. "We never okayed anything, that would've been something that would've had to go through the legislature. So, we had nothing to do with it period."
Martz's Corrections Director Bill Slaughter said he was surprised to see Hardin moving forward with the detention center without contracts from any federal, state or local agency.
"They really started construction without a population identified to go in there," said Slaughter. Montana law gives communities some flexibility for building a detention center.
TRA board members chose a route that does not include the state's involvement. It consists of using local government statutes to build a jail. A consortium of out-of-state companies designed and built the jail and provided a private funding plan.
The architect, Corplan Corrections, used a design approved by the American Correctional Association.
"ACA has their own design requirements and it (the Hardin jail) meets those design requirements," said Paul Green, former executive director of TRA. "so, where's the hiccup?"
The attorney for the Montana Department of Corrections said the state has its own requirements that the Hardin jail does not meet.
"The department of corrections doesn't house, if any inmates, in a jail. We house our prisoners in prisons and this is not a prison and that's one of the reasons we're reluctant to put our prisoners in there," said Diana Koch, chief legal counsel for the Department of Corrections.
When asked if she believed that the jail could rectify that, Koch said, "No there's not because of the way it was built."
State Senator Steve Gallus, who co-chairs the state Corrections Advisory Council, said it would have turned out much differently if the people who built the Hardin jail followed the Private Prison Citing Act.
"Their facility would be, in my opinion, open and have inmates and employees and it would be a benefit to the people of Hardin," said Gallus. The consortium of companies who built the jail provided a feasibility study for the project.
It was paid for by the bond underwriter for the project, Municipal Capital Markets Group. The 40-page document states several times that the Montana Department of Corrections is the primary focus as a potential user for the jail.
"There were some things promised to Hardin I think, but those people who promised them are no longer on the scene. So, now what," questioned Bill Joseph, TRA board member.
You keep moving forward said Joseph and keep looking to land a contract to fill the jail.
"You know when Noah started building the ark, somebody said it isn't going to rain and he said well I'm committed now, and we're committed. We've got the ark, and now we just got to wait for rain," said Joseph.
TRA board members said they are currently pursuing several leads to bring prisoners to the jail.
The Hardin jail was paid for with $27 million dollars of private investments.
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